O2481City Council Meeting: March 24, 2015 Santa Monica, California
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(City Council Series)
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PLACES
WHEREAS, the City consists of just eight square miles of coastal land which is
home to 90,000 residents, the job site of 300,000 workers, and a destination for as
many as 500,000 visitors on weekends and holidays; and
WHEREAS, because the City is both densely populated and visitor serving, its
public spaces often become extremely crowded; and
WHEREAS, the City's park space is limited; and
WHEREAS, public beaches and City parks are congested public recreational
facilities that are heavily used by residents, workers and visitors; and
WHEREAS, the Pier is a long and narrow space, only 35 feet wide at some
points, with ingress and egress at only one end; and
WHEREAS, the Third Street Promenade and the Transit Mall are located at the
heart of the City's busy Downtown District; and
WHEREAS, all of these public spaces are heavily patronized by the public year
round and congestion in these confined places is a constant norm; and
WHEREAS, because each of these public resources are limited and heavily
utilized, special efforts must be undertaken to maintain them and facilitate their shared
use and availability to all; and
WHEREAS, the intensity and variety of park and beach uses further necessitates
regulation to avoid safety hazards and conflicts; and
WHEREAS, disruptive activities within the City's public spaces interfere with the
general public's use and enjoyment of these public facilities and damages the public
welfare: and
WHEREAS, the presence of non - domesticated, and potentially vicious, ferocious
or dangerous animals within these congested public spaces constitutes a serious
danger to public health, safety and welfare; and
WHEREAS, City Staff has witnessed persons having control over monkeys,
birds, snakes or other reptiles toss such animals onto unsuspecting members of the
public, while on public property, as a way of requesting payments from such members
of the public; and
WHEREAS, such animals have assaulted members of the public while on public
property; and
WHEREAS, the City Council finds that it is necessary to prohibit such animals
from the City's most congested public spaces in order to protect the public's safety and
to promote the general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.04.162 of the Santa Monica Municipal Code is hereby
added to read as follows:
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4.04.162 Prohibition of Certain Animals on Public Property.
(a) It shall be unlawful for any person having control, charge or custody of
any snake or other reptile, non -human primate (such as chimpanzees and monkeys), or
bird to permit such animal to be in or upon any City park, the beach, Ocean Front Walk,
the Pier, the Pier ramp, the Third Street Promenade, the Transit Mall, and the public
sidewalks and parkways immediately adjacent to any City Park.
(b) The following activities shall be exempt from the prohibitions contained
in this Section:
property; or
(1) Any person interacting with animals naturally inhabiting the public
(2) Any person transporting animals within a vehicle traveling on the
public street; or
(3) Governmental personnel operating on public property to protect
public health, safety or welfare; or
(4) Any other activity authorized by federal or California state law.
SECTION 2. Section 4.04.166 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Notwithstanding the prohibitions contained in Municipal Code Sections 4.04.150,
4.04.155, 4.04.160, and 4.04.162, animals may be present on public property in
accordance with the terms and conditions of a community events permit or film permit
issued by the City.
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SECTION 3. Section 4.04.520 of the Santa Monica Municipal Code is hereby
added to read as follows:
4.04.520 Enforcement
(a) Unless otherwise specifically provided, any person violating any provision of
this Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine not
exceeding five hundred dollars per violation, or imprisonment in the County Jail for a
period not exceeding six months, or by both fine and imprisonment, or shall be guilty of
an infraction, which shall be punishable by a fine not exceeding two hundred fifty
dollars.
(b) Any person violating any provision of this Chapter or any rule or regulation
may be subject to administrative citations pursuant to Chapter 1.09 of this Code.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
A
Approved and adopted this 24th day of March, 2015.
&
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2481 (CCS) had its introduction on February 24,
2015, and was adopted at the Santa Monica City Council meeting held on March
24, 2015, by the following vote:
Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2481 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sarah P. Gorman, City Clerk